Amphastar Asks Justices Not To Review Drug Safe Harbor

Law360, New York (May 29, 2013, 4:38 PM EDT) -- Amphastar Pharmaceuticals Inc. urged the U.S. Supreme Court on Friday to reject an appeal over the scope of the Hatch-Waxman Act's safe harbor provision, saying the Federal Circuit correctly interpreted the law when it lifted an injunction on Amphastar's generic version of blood thinner Lovenox.

The safe harbor holds that otherwise-infringing conduct is legal if it is done under the requirements of federal drug laws, and Amphastar said the Federal Circuit got it right that the protection applies even if no information about the use of...
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